The Policy Week in Review, prepared by Littler’s Workplace Policy Institute (WPI), sets forth WPI’s updates on federal, state, and local matters, as well as Littler’s published in-depth analyses of the prior week.
Congressional and Administrative News
EEOC and DOJ Issue Technical Assistance on DEI
On March 19, 2025, the Equal Employment Opportunity Commission (EEOC), in conjunction with the U.S. Department of Justice (DOJ), issued two “technical assistance” documents “focused on educating the public about unlawful discrimination related to ‘diversity, equity, and inclusion’ (DEI) in the workplace.” Unlike guidance documents, which must be approved by a majority vote of the Commission (which, with only two sitting members, currently lacks a quorum), a technical assistance document, which does not adopt new policy but applies existing policy to different sets of facts, can be issued unilaterally by the agency’s head. The first document, “What To Do If You Experience Discrimination Related to DEI at Work,” was issued jointly by the EEOC and the DOJ. A second, longer document, “What You Should Know About DEI-Related Discrimination at Work,” is presented in a question-and-answer format and was released by the EEOC. For further information, read our analysis here.
President Trump Expected to Nominate Management-Side Attorney for NLRB General Counsel
As widely reported this week, President Trump is expected to nominate Crystal S. Carey, a management-side labor relations attorney, as the National Labor Relations Board general counsel. According to her bio, Carey is a former NLRB attorney with experience on both the general counsel and Board sides of the agency. It is expected that Carey will work to reverse the initiatives of Former General Counsel Abruzzo and reinstate the policies and actions set forth during the first Trump administration. The timing of her official nomination is unknown. The Board currently has a 2-1 Democratic majority given the reinstatement of Member Gwynne Wilcox; however, President Trump has the opportunity to nominate two new board members, which would swing the pendulum back to the Republican majority.
House Education and Workforce Committee Chair Walberg Outlines Priorities
In a letter to Labor Secretary Lori Chavez-DeRemer, Chair Walberg, on behalf of the Committee on Education and Workforce, highlights the Committee’s policy priorities and ongoing oversight matters. Chair Walberg requests the secretary to rescind or withdraw several Biden-era “burdensome” regulations, including those governing overtime, independent contractors, tip regulations, worker walkaround representation, heat injury and illness prevention, among others. Additionally, Chair Walberg encourages the DOL to provide “robust compliance assistance to workers and businesses instead of continuing the enforcement-only approach taken by the Biden-Harris administration.”
President Trump Decreases Minimum Wage for Federal Contractors
On March 14, 2025, President Trump issued an executive order ending the obligation to pay individuals working on or in connection with certain federal contracts or subcontracts a minimum wage currently set at $17.75 per hour. In particular, Trump has rescinded 18 Biden executive orders, including Biden’s Executive Order 14026 that had increased the federal contractor minimum wage. For further information, read our analysis here.
Weekly Labor and Employment News
Fourth Circuit Stays Enforcement of Injunction on IE&D Executive Orders
On March 14, 2025, the U.S. Court of Appeals for the Fourth Circuit stayed enforcement of the preliminary injunction issued by a Maryland district court judge barring the Trump administration from proceeding with several elements of Trump’s executive orders regarding DEI or DEIA.
The three-judge appellate panel issued a short order finding without discussion that the government had satisfied the factors for a stay as set forth by the U.S. Supreme Court. The basis for the decision appears to be a disagreement with the lower court’s determination that the plaintiffs are likely to prevail on the merits. The three judges seemed to agree that actions taken by the federal agencies pursuant to the executive orders could prove to be unconstitutional but that the orders, on their face, are not unconstitutional. Although all three judges agreed to the stay, each wrote a separate concurring opinion.
Executive Order Tracker (Updated as of March 20, 2025)
Littler's Executive Order Tracker is your go-to resource for staying updated on all executive orders and actions issued by the Trump administration. We are tracking every order, analyzing its impact, and providing summaries to help you understand the changes and the implications to your business. Only those orders that impact compliance with labor and employment directives are identified with a topic. In the first 100 days, the Trump administration is also rescinding executive orders issued by previous administrations and those are available here.
#MeToo: Can Non-Employees Bring Employment Law Claims Against Employers?
Last week attorneys for Creative Actors Agency, Miramax and Disney delivered oral argument in their appeal to try to prevent actor Julia Ormond’s negligence claims from moving forward in New York State Court. Oral argument was recorded and can be found here.
